Disabled? Don’t Let Your Employer Take Advantage of You! 3 Things to Know About Your Rights at Work
1.You CAN ask for accommodations to help you do your job. If your injury or disability is preventing you from working, you have the right to ask your employer for accommodations, and they are obligated to provide them. An accommodation can be almost anything that makes your work easier, including time off for a surgery, a particular kind of desk or phone, or the option to work from home. 2. You DO have the right to pursue a workers’ compensation claim if you’re injured or disabled at work. Whether you’re temporarily or permanently disabled by a workplace injury, you have the right to pursue a workers’ compensation claim against your employer, and you’re legally protected from retaliation. They can’t fire, demote, or otherwise mistreat you for making a claim against them. 3. You CAN take a stand if you’re being mistreated or discriminated against. If you feel you’re being treated differently because of a disability or any physical or mental impairment, you have a right to oppose that practice. This includes insulting nicknames, rude behavior, or hostility over accommodations. You can make a complaint to your company’s HR department or an employment law attorney like those on our team, and you’ll be legally protected from retaliation.
Did you know that Dec. 3 is the International Day of Persons with Disabilities? This holiday often goes unnoticed — just like the struggles of disabled folks in the workplace. Here at Harman Law, we want to ensure that people with mental and physical disabilities aren’t overlooked, underserved, or taken advantage of by the companies they work for, and we’re willing to fight for it! Just this year, we won an epic battle for a disabled man who was fired unfairly. It all started when our client — we’ll call him Tim — asked his employer for time off to have disability-related surgery. Unfortunately, it was a busy time of year for the company, so Tim agreed to voluntarily postpone the surgery by three months. He’s a nice guy and felt like that’s what any good employee would do in his shoes. Tim’s good heart was his downfall. After he worked through the busy season, his employer terminated his job without explanation just two weeks before his surgery. Tim was left high and dry without health insurance, a job, or means to find one as an elderly man with a disability. He asked several attorneys if they could help him but all of them said, “No.”
Finally, Tim turned to us. We could tell right away that something fishy was going on and filed a complaint on Tim’s behalf with the U.S. Equal Employment Opportunity Commission (EEOC) arguing that his employer discriminated against him because of his disability. These complaints are rarely enforced, but our persistence paid off! The EEOC ruled in Tim’s favor, and we used the verdict as leverage against his employer. After years of being dismissed and mistreated, Tim finally won compensation for his medical expenses and lost wages. Many people in Tim’s shoes don’t fully understand their rights in the workplace. They think that since North Carolina is an “at will” state, they can’t stand up for themselves if they’re mistreated or fired. Employers take advantage of that vulnerability. Don’t let it happen to you! If you’re disabled or were injured at work, the law is on your side. Remember these three things:
To learn more about your rights or book a consultation that will help you stand up for them, visit HarmanLawNC.com/Employment-Intake .
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Unwavering Client Experience. Outstanding Results. – HarmanLawNC.com
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